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Repairs. Grantee shall repair, or cause to be repaired at its sole cost,that damage to the Road <br /> arising out of it's use which is in excess of that which it would cause through normal and prudent <br /> usage. Damage caused by an unauthorized user shall be repaired at the expense of the Grantee if <br /> the Grantee is the sole user of the road,the Grantor if the Grantor is the sole user of the road and <br /> shared jointly if there is joint use of the road. <br /> Improvements. Unless the parties agree in writing to share the cost of improvements in <br /> advance of such improvements being made, such improvements shall be solely for the account of <br /> the improver. <br /> Prior rights. This permit is subject to any rights and valid claims previously conveyed by <br /> Grantor, and to any rights and valid claims pending on said premises. Grantee rights herein are <br /> subject to all matters of public record and to all prior unrecorded or recorded easements,permits, <br /> leases and options affecting said lands or Grantee rights across, over or upon such lands. Grantee <br /> rights herein are also subject to the rights of the Grantor to use its own lands for any and all legal <br /> purposes including the use of the land by third parties with the permission of the Grantor. <br /> Operational Restrictions. Site-specific operational requirements are listed in Exhibit B. Non- <br /> compliance with these requirements shall constitute a breach of contract and may result in the <br /> Grantor suspending operations until the breach is remedied. <br /> Damage. Grantee shall take all reasonable precautions to protect Grantor-owned timber, crops <br /> and improvements. The Grantee must notify the Grantor two (2)weeks in advance of <br /> completion of said operations for the purpose of inspection for compliance with the terms hereof. <br /> Grantee shall pay Grantor for any damage to timber, crops and improvements not identified and <br /> paid for under the terms and conditions of this Permit. Grantor shall appraise the damage at <br /> market value at the time of damage and bill Grantee for said damages at said value. <br /> Waste. Grantee shall not cause nor permit any filling activity to occur in or on the premises, <br /> except by prior written approval of the Grantor. Grantee shall not deposit refuse, garbage, or <br /> other waste matter or use, store, generate,process, transport,handle, release, or dispose of any <br /> hazardous substance, or other pollutants in or on the premises except in accordance with all <br /> applicable laws. The term hazardous substance means any substance or material as those terms <br /> are now or are hereafter defined or regulated under any federal, state, or local law including but <br /> not limited to the Comprehensive Environmental Response, Compensation and Liability Act <br /> (CERCLA 42 USC 9601 et seq.), or the Washington Model Toxic Control Act(MTCA RCW <br /> 70.105D.010.). Grantee shall immediately notify the Grantor if the Grantee becomes aware of <br /> any release or threatened release of hazardous substance on the premises or adjoining property. <br /> If a release of hazardous substance occurs in, on, under, or above the premises arising out of any <br /> action of the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or <br /> permittees,the Grantee shall, at its sole expense,promptly take all actions necessary or advisable <br /> to clean up, contain, and remove the hazardous substance in accordance with applicable laws. <br /> Page 3 of 13 Road Use Permit No.55-104170 <br />